International Environmental Justice

Abstract

In historical terms, international justice developed in three principal forms: (1) universal international judicial bodies, which function on a permanent basis; (2) ad hoc international tribunals for settlement of defined categories of international disputes; and (3) judicial mechanisms and procedures for settlement of disputes under a certain convention or agreement. For the settlement of environmental disputes, the parties have traditionally used one of these forms of international justice, depending on the facts and the wishes of the parties. However, for certain states, use of the above forms for the settlement of environmental disputes can appear inconvenient or undesirable. As a result, in recent years an independent international justice system designed for the settlement of environmental disputes has started to develop. The International Court of Environmental Arbitration and Conciliation, set up in 1994, can serve as an example.